EU transformed the UK Constitution Flashcards
EU has transformed the UK Constitution
• parliamentary sovereignty
Membership has effectively rendered parliamentary sovereignty meaningless, with claims that the majority of laws are now passed by the EU rather than Parliament
EU has transformed the UK Constitution
• ECJ
The ECJ has replaced the Supreme Court as the highest UK court
EU has transformed the UK Constitution
• Treaty
Each treaty has progressively extended the policy areas over which the EU has competence, thus further infringing sovereignty
EU has transformed the UK Constitution
• QMV
The increasing use of QMV has reinforced this, causing British influence to wane over time, particularly after the 2004 enlargement.
EU has transformed the UK Constitution
• HRFA
The EU has now effectively adopted the trappings of a state, including a President and Foreign Minister and a constitution ‘in all but name’ as well as a Parliament and combination bureaucracy/government
EU has transformed the UK Constitution
• Region
By emphasising the important of Regions within member states the EU has further undermined the principle of ‘The unitary State’
EU membership has not transformed the UK
• Parliamentary committees
EU membership has not fundamentally affected parliamentary sovereignty, as EU regulations are reviewed by Parliamentary committees and the UK can, ultimately, withdraw from the EU
EU membership has not transformed the UK Constitution
• Pooled sovereignty
Sovereignty has been pooled rather than lost, which is in the UK’s national interest in an era of growing globalisation, much of the ‘standardisation’ would have been required in any case
EU membership has not transformed the UK Constitution
• ECJ
Only a small minority of judicial rulings are actually made by the ECJ, the remainder being made in a traditional fashion by the UK courts
EU membership has not transformed the UK Constitution
• Veto
Elected representatives from the UK contribute to EU policy-making, and on matters relating to tax, foreign affairs and defence the UK has a veto in the Council
EU membership has not transformed the UK Constitution
• Constitutional distinctions
The UK still retains clear constitutional distinctions with much of Europe, such as parliamentary government, a constitutional monarchy and an unelected second chamber.